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At your Leisure - 13 September 2004

Calling Time on the Licensing Laws

Who controls our leisure time? What we can do, where we can do it and at what times? Clearly, the police, security staff and kebab shop owners determine what sort of a time we have on a night out. But the licensing authorities play a big role. The system that controls what is allowed and when, is about to change significantly; this At your Leisure looks at the role of the licensing authorities and the impact of the new Licensing Act on stakeholders within the leisure and entertainment industry.

"Reforming our archaic licensing laws will help turn our town and city centres into safer, sustainable and vibrant places that the entire community can enjoy."
Tessa Jowell, Secretary of State for Culture, Media and Sport

Image: A pint of beer. Copyright: Duncan Tidd, stock.xchng

The new system has four main objectives:

• Flexible opening hours for licensed premises (bars, pubs and clubs)
• Preventing crime and disorder
• Promoting public safety
• Protecting children from harm

Let's start by identifying the stakeholders in the bar, pub and club industry:

• Government - trying to modernise society, whilst championing rights and responsibilities
• Local Authorities - under the new law, councils will have licensing powers transferred to them
• Communities - those living and working near licensed premises will be able to participate in licensing decisions
• Pub and club businesses - have been involved in discussing and making changes to the new regulations
• The public - demanding changes to licensing law to reflect changing living and working conditions

You can also view Calling Time: The Licensing Act 2003 as a Mind Map.

What is the new legislation and what does it replace?

The Licensing Act received Royal Assent in July 2003. It covers the licensing of premises that sell alcohol, put on live entertainment and provide late night refreshment. Under the Act each local authority is responsible for preparing a licensing statement, explaining how and why licences will be granted. Then, on what is called the 'First Appointed Day' (1AD), the licensing authorities will start receiving applications for licences. On the Second Appointed Day, (2AD), the old licensing laws will be withdrawn and the new system will go live.

The new system will replace over 50 current statutes (laws) regulating the licensing of premises. The following is a list of some of these:

• The Licensing Act 1964 - covering alcohol licensing
• The Local Government Act 1982 - for public entertainment licensing outside London
• The London Government Act 1963 - for public entertainment in the capital
• The Theatres Act 1968 - for the licensing of plays
• The Cinemas Act 1985 - for licensing films
• The London Local Authorities Act 1990
• The Late Night Refreshment Houses Act 1969
• The Local Government Act 1982 - these last three laws cover late night licences and night cafes

What are the main provisions of the Licensing Act 2003?

• The Department for Culture, Media and Sport (DCMS) issues guidance for the licensing authorities to follow
• Local councils produce a statement detailing the general approach to licensing in their area
• A new Personal Licence will allow individuals to supply alcohol, and will enable holders to move between licensed premises. Police may object if the applicant has a conviction for certain offences. The Personal Licence will cost approximately £30 and will be renewable every ten years
• A new Premises Licence will be granted after police scrutiny. Local people will also be able have their say. This licence will cost between £100 and £500, depending on the size of the premises

What will be the impact of the new legislation?

A new later-hours culture will be promoted:

• Avoiding the 'last orders' syndrome of packing several drinks in over the final hour of pub opening time
• Aiming to end the normal routine of the streets being full of people leaving pubs all at the same time
• Promoting a more 'continental' culture on the streets

A simpler regulatory system will emerge:

• Getting rid of 'red tape' (wasteful bureaucracy)
• Easier to use by bar, pub and club operators

Encouraging live music in bars, pubs and clubs:

• Premises will be able to apply to have live music and entertainment, at the same time as they apply for their Premises Licence
• This will cost no more than the application for the Premises Licence
• More live music performed in licensed premises. The need for a separate public entertainment licence will be abolished.
• End of 'two in a bar' rule, which restricted the diversity of music played live in pubs

What's the current law on pub opening hours?

Bars, pubs, clubs and restaurants can at present sell alcohol between the hours of:

• 11 am and 11 pm on Monday to Saturday
• 12 noon to 10.30 pm on Sunday

In theory, alcohol will be able to be sold 24 hours a day under the new law, as long as the views of residents, businesses and the local authorities are respected.

What does the industry think of the new licensing law?

In a pamphlet on the legislative changes, the UK body, the Bar Entertainment and Dance Association (BEDA), speaks of the industry being 'on the cusp of a vast social experiment'. The entertainment and leisure industry recognises that there is a drive to promote longer opening hours, in order to alleviate the problems of anti-social behaviour traditionally associated with 'chucking-out time'. But there seems to be concern over the following:

• Will leisure businesses want to open later?
• What new closing times will local residents accept?
• What times will councils decide to grant to bars, pubs and clubs?
• What will the police do about there being extended opening times?

BEDA highlights the key factors for the main stakeholders in licensing:

• Customers want safe venues
• Residents want non-threatening streets
• Police want to cut crime
• Councils want thriving towns and cities with responsible businesses
• Business wants sympathetic regulation

Image: The local pub - a familiar sight on the British High Street, but what will be the impact of the new law on publicans themseleves? Copyright: Giancardit, stock.xchng

BEDA outlines what each stakeholder can expect:

• Bar, pub and club customers will be able to choose from more late-night venues
• Residents get the chance to request a review of any premises licence at any time
• The police get new powers to tackle alcohol-related disorder
• Councils get the chance to affect licensed trade in their area
• Business gets a cheaper licensing system that's more efficent, but encourages longer hours

See the BEDA Web site, 'Implementation of the Licensing Act 2003 and its Impact on Local Authorities'

What do local authorities think of their new role in licensing law?

• They will be the organisations responsible for making licensing decisions in their areas
• They are having to write statements of their policies on licensing in their areas
• They have begun this process at the time of writing (September 2004)
• These statements are being circulated for public consultation

See the British Beer and Pub Association's Web site for more on your local authority's policy.

Conclusion

So the biggest change to British licensing law in modern times is about to take place. The Government has consulted widely, industry has responded and local authorities are readying themselves for the start of the new system. The impact of the new law may change forever the nature of going out in our towns and cities. The Act is a major part of the Government's strategy against alcohol-related crime, but at the same time it aims to bolster the UK hospitality and leisure industry. It is an attempt to bring local democracy into licensing decisions, whilst boosting British cultural life. Whether or not the Licensing Act will achieve these goals remains to be seen, but you will be able to monitor its effect very soon in a high street near you.